Lawsuit claims conspiracy ousted insurance agent
A lawsuit filed in January of this year will go to court for a motion hearing on
The lawsuit claims that Shelter's wrongdoing is violation of the Arkansas Franchise Practices Act, that McKinney has engaged in tortious interference with contract, and that both McKinney and Dingus have engaged in civil conspiracy.
In the complaint, Earnest seeks damages under claims that the defendants wrongfully conspired to push him out of business. "This is a case about righting a wrong," says the complaint.
The introduction to the complaint describes the Earnest family's history of serving the
Earnest's filing says that he became the youngest agent in Shelter's history after signing on with the agency following college and that he then spent over fifty years growing his Shelter agency into "one of the most prominent in
Earnest then claims that Shelter regional sales leader
The reason stated for Dingus doing so, according to Earnest's claim, is that "newer agents like McKinney operate under contracts with terms far more favorable to Shelter," and that Shelter has a broader national policy of ousting all its older-contract holders, like
The filing says that Earnest was offered no justification or notice from Shelter when he was shut down — leaving his agency's five employees abruptly unemployed. Earnest claims that such termination violated the Arkansas Franchise Practices Act.
The filing details the efforts put forth by Earnest over the course of his career which lead to a successful business — one which garnered awards and a loyal customer base. It also claims Shelter company's marketing eventually worked deliberately against him by promoting McKinney, a newer agent, to policyholders and prospects over him.
The defendants have denied the accusations and requested that the court dismiss Earnest's claim. At the hearing scheduled for Thursday, Circuit Judge
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